Bill Text: NY S06889 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts "Bryan Johnson's law"; includes prior convictions of operation of a vessel while under the influence of alcohol or drugs as prior convictions of driving while intoxicated.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-03-06 - referred to transportation [S06889 Detail]
Download: New_York-2023-S06889-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6889 2023-2024 Regular Sessions IN SENATE May 12, 2023 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to including prior convictions of operation of a vessel while under the influence of alcohol or drugs as prior convictions of driving while intoxicated The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Bryan 2 Johnson's Law". 3 § 2. Section 1192 of the vehicle and traffic law is amended by adding 4 a new subdivision 8-b to read as follows: 5 8-b. Effect of prior convictions of operation of a vessel while under 6 the influence of alcohol or drugs. A prior conviction for operation of a 7 vessel while under the influence of alcohol or drugs under paragraph 8 (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the 9 navigation law within the preceding ten years shall be considered by the 10 court for purposes of determining penalties imposed for a violation of 11 subdivision two, two-a, three, four or four-a of this section or for 12 purposes of any administrative action required to be taken pursuant to 13 subdivision two of section eleven hundred ninety-three of this article. 14 A prior conviction for operation of a vessel while under the influence 15 of alcohol or drugs under paragraph (a), (b), (c), (d) or (e) of subdi- 16 vision two of section forty-nine-a of the navigation law within the 17 preceding five years shall be considered by the court for purposes of 18 determining penalties imposed for a violation of subdivision one of this 19 section or for purposes of any administrative action required to be 20 taken pursuant to subdivision two of section eleven hundred ninety-three 21 of this article. A prior conviction for operation of a vessel while 22 under the influence of alcohol or drugs under paragraph (a), (b), (c), 23 (d) or (e) of subdivision two of section forty-nine-a of the navigation 24 law within the preceding ten years shall be considered by the court for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07645-01-3S. 6889 2 1 purposes of determining penalties imposed upon a person for a violation 2 of any subdivision of this section after having been convicted two or 3 more times for a violation of this section within the preceding ten 4 years or for purposes of any administrative action required to be taken 5 pursuant to subdivision two of section eleven hundred ninety-three of 6 this article. 7 § 3. This act shall take effect on the first of November after it 8 shall have become a law.